Restitution in Virginia Robbery Cases
In some robbery cases, the defendant might be ordered to pay restitution. As defined by Virginia law, restitution is the court-ordered payment of making somebody whole. If someone takes something from a person, it is giving them back the value of what was taken. The relationship between restitution and robbery cases could be money or the actual item if not recovered. Restitution is not necessary, but coming from a defendant it is going to be money. They are only going to be able to pay and buy the person a new version of the item that was stolen. If a person wants to know more about restitution in Virginia robbery cases and how paying restitution may impact their case, they should speak with an accomplished robbery attorney that could help them.
The restitution process does not occur in stages. If someone is found guilty of robbery, the judge may order them to pay restitution. As part of a plea agreement, the person might agree to pay restitution. Sometimes a person is able to do a payment plan they enter into with the court. The court enters a restitution amount and the person would have to sign confirming that they are responsible for that amount.
Invoking Restitution in Robbery Cases
Restitution is not mandatory in a robbery case. Restitution in Virginia robbery cases often happens at the discretion of a judge. It would be invoked in cases where the item is recovered. A person is not going to be ordered to pay this person double the value of an item. For example, if someone steals a cellphone, the cellphone is recovered, and given back to the complainant, the person is not going to be ordered to pay the value of the cellphone as well. The alleged victim does not get to gain from restitution. Restitution is making somebody whole again. It is making them as they were before it happened.
Someone might have to pay restitution if they took an item and that item was not recovered. The driving factors behind this are that the government wants to make sure that somebody is whole again. They are not going to pay the person just because they are the alleged victim of a crime. Restitution could also be a condition of probation when a restitution payment is mandatory. If they do not pay, they are considered to have violated their probation.
What Happens if Someone is Unable to Pay Restitution?
In situations where the individual convicted of robbery is unable to pay restitution, they would be forced to pay. There may be a court order against them and they could recover that money from them. Restitution does not have to be financed by the person who stole. Somebody else may help with the restitution payments, but the financial responsibility is on the person who was convicted of the robbery. If an individual wants to know more about restitution in Virginia robbery cases and what options they have as far as paying restitution, they should consult an experienced robbery lawyer that could answer their questions.